Indian Kanoon - Search engine for Indian Law

Madhya Pradesh High Court

Raja Bhaiya Kurmi vs The State Of Madhya Pradesh on 23 July, 2018

                                          1                            CRA-4920-2018
           The High Court Of Madhya Pradesh
                      CRA-4920-2018
                  (RAJA BHAIYA KURMI Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 23-07-2018
     Shri S.K. Kashyap, Advocate for the appellant.
      Shri Akhilendra Singh, Govt. Advocate for the respondent no.1-State.

None present from the respondent Nos.2/complainant despite compliance of provision of Section 15(A)(III) of SC/ST (Prevention of Atrocities) Act by the respondent No.1.

Case diary perused and arguments heard.

This first criminal appeal has been filed under Section 14-A(2) of SC/ST (Prevention of Atrocities) Act 1989 against the order dated 5/6/2018 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, in A.No.15307/2018; whereby learned Special Judge rejected the bail application filed by appellant, under Section 439 of Cr.P.C. to get bail in Crime No.49/2017 registered at P.S. Majhgawan, District Jabalpur, (M.P.) for the offences punishable under Sections 363, 366, 376 of I.P.C. and 3(2)(5) and 3(2)(5ka) of SC/ST (Prevention of Atrocities) Act 1989 and Section 3/4 of the POCSO Act. Earlier, the appellant filed the applications which were dismissed as withdrawn vide orders dated 13/11/2017 & 11/5/2018 passed in Cr.A.No.3379/17 and Cr.A.No.2935/2018 respectively.

As per prosecution case, in the intervening night of 22-23/2/2017 appellant abducted the prosecutrix, who was minor at the time of incident, and took her to Sihora, Katni, Singrauli then Satna, where he kept her and made sexual relation with her. On that report, police registered the Crime No. Crime No.49/2017 registered at P.S. Majhgawan, District Jabalpur, (M.P.) for the offences punishable under Sections 363, 366, 376 of I.P.C. r/w Section 25(1-B) of the Arms Act and Section 3(2)(v) and 3(2)(5) and 3(2)(5ka) of SC/ST (Prevention of Atrocities) Act 1989 and Section 3/4 of the POCSO Act and investigated the matter in which appellant was arrested on 8/4/2017. On that, appellant filed an application under Section 439 of the Cr.P.C. for releasing him on bail, which was rejected by the Special Judge, SC/ST (Prevention of Atrocities) Act vide order dated 5/6/2018. Being aggrieved by the impugned order, appellant filed this Criminal Appeal.

Learned counsel for the appellant submitted that he is innocent and has falsely been implicated in this matter. The prosecutrix was major at the time of incident and went with the appellant on her own will. The appellant is in custody since 8/4/2017, so appellant be released on bail.

2 CRA-4920-2018 On the other hand learned counsel for the respondent no.1/State opposed the prayer and submitted that in the school admission register, date of birth of the prosecutrix is mentioned as 6/7/2000 and the appellant abducted the minor girl and made sexual relation with her, so he should not be released on bail.

Hence, looking to the facts and circumstances of the case and as to the fact that the appellant abducted minor girl and committed rape with her, so this Court is not inclined to grant bail. Hence appeal is dismissed.

(RAJEEV KUMAR DUBEY) JUDGE m/-